Common use of Limitation of Remedies, Liability and Damages Clause in Contracts

Limitation of Remedies, Liability and Damages. Except as may otherwise be expressly provided in this Agreement, there is no warranty of merchantability or fitness for a particular purpose, and any and all implied warranties are disclaimed. The Parties confirm that the express remedies and measures of damages provided in this Agreement satisfy the essential purposes hereof. For breach of any provision for which an express remedy or measure of damages is provided, such express remedy or measure of damages shall be the sole and exclusive remedy, the obligor’s liability shall be limited as set forth in such provision and all other remedies or damages at Law or in equity are waived unless the provision in question provides that the express remedies are in addition to other remedies that may be available. If no remedy or measure of damages is expressly provided herein, the obligor’s liability shall be limited to direct actual damages only, such direct actual damages shall be the sole and exclusive remedy and all other remedies or damages at Law or in equity are waived unless expressly herein provided. Neither Party shall be liable for consequential, incidental, punitive, exemplary or indirect damages, lost profits or other business interruption damages, by statute, in tort or contract, under any indemnity provision (other than in Sections 15.1 through 15.6) or otherwise except to the extent part of an express remedy or measure of damages herein. Unless expressly herein provided, and subject to the provisions of Sections 15.1 through 15.6 (indemnities), it is the intent of the Parties that the limitations herein imposed on remedies and the measure of damages be without regard to the cause or causes related thereto, including the negligence of any Party, whether such negligence be sole, joint or concurrent, or active or passive. To the extent any damages required to be paid hereunder are liquidated the Parties acknowledge that the damages are difficult or impossible to determine, or otherwise obtaining an adequate remedy is inconvenient and the damages calculated hereunder constitute a reasonable approximation of the harm or loss.

Limitation of Remedies, Liability and Damages. Except as may otherwise be expressly provided in this Agreement, there is no warranty of merchantability or fitness for a particular purpose, and any and all implied warranties are disclaimed. The Parties hereby confirm that the express remedies and measures of damages provided in this Agreement PPA satisfy the essential purposes hereof. For breach of any provision for which an express remedy or measure of damages is provided, such express remedy or measure of damages shall will be the sole and exclusive remedy, the obligor’s liability shall will be limited as set forth in such provision and all other remedies or damages at Law law or in equity are waived unless the provision in question provides that the express remedies are in addition to other remedies that may be availablewaived. If no remedy or measure of damages is expressly provided herein, the obligor’s liability shall will be limited to direct actual damages only, such direct actual damages shall will be the sole and exclusive remedy and all other remedies or damages at Law law or in equity are waived unless waived. Without prejudice to the calculation of the amount of any Host Customer Optional Termination Payment or Owner Termination Payment, and except as otherwise expressly herein provided. Neither provided in this PPA, neither Party shall will be liable for consequential, incidental, punitive, special, exemplary or indirect damages, lost profits profits, lost savings or other business interruption damages, by statute, in tort or under contract, under any indemnity provision (other than or otherwise; provided, however, that notwithstanding the foregoing, in Sections 15.1 through 15.6) or otherwise except no event will the foregoing limitations of liability be applied to limit the extent of the liability of either Party to the extent part of an express remedy other for intentional misconduct or measure of damages hereinfor or with respect to any third party Indemnity Claims. Unless expressly The limitations imposed herein provided, and subject to the provisions of Sections 15.1 through 15.6 (indemnities), it is the intent of the Parties that the limitations herein imposed on remedies and the measure of damages be are without regard to the applicable cause or causes related theretocauses, including the negligence of any Party, whether such negligence be sole, joint or concurrent, or active or passive. To ; provided, that nothing in this PPA shall be construed as requiring either Party as Indemnitor to indemnify the extent any damages required other Party as Indemnitee for the Indemnitee's negligence in connection with construction services performed pursuant to be paid hereunder are liquidated the Parties acknowledge that the damages are difficult or impossible to determine, or otherwise obtaining an adequate remedy is inconvenient and the damages calculated hereunder constitute a reasonable approximation of the harm or lossthis PPA.

Limitation of Remedies, Liability and Damages. Except as may otherwise be expressly provided in this Agreement, there There is no warranty of merchantability or fitness for a particular purposepurpose with respect to any product or DR Resource, and any and all implied warranties are disclaimed. The Parties confirm that the express remedies and measures measure of damages provided in this Agreement satisfy the essential purposes hereof. For Unless expressly provided otherwise in this Agreement, for breach of any provision for which an express remedy or measure of damages is provided, such express remedy or measure of damages shall be the sole and exclusive remedy, the obligor’s liability shall be limited as set forth in such provision and all other remedies or damages at Law law or in equity (other than injunctive relief as provided in this Agreement) are waived unless the provision in question provides that the express remedies are in addition to other remedies that may be availablewaived. If no remedy or measure of damages is expressly provided herein, the obligor’s liability shall be limited to direct actual damages only, such direct actual damages shall to be the sole and exclusive remedy and all other remedies or damages at Law law or in equity (other than in injunctive relief as provided in this agreement) are waived unless expressly herein providedwaived. Neither Notwithstanding anything to the contrary in this Agreement, neither Party shall be liable to the other Party for consequentialany indirect, special, exemplary, incidental, punitive, exemplary or indirect damageslost profits, lost profits or other business interruption damagesor consequential damages whatsoever under any theory, including by statute, in contract, tort (including negligence) or contractstrict liability, under any indemnity provision (other than set forth in Sections 15.1 through 15.6) this Agreement or otherwise except to the extent part otherwise, resulting from a Party’s performance or nonperformance of an express remedy its obligations under or measure termination of damages hereinthis Agreement. Unless expressly herein provided, and subject to the provisions of Sections 15.1 through 15.6 (indemnities), it is the intent of the The Parties intend that the limitations herein imposed on remedies and the measure of damages be without regard to the cause or causes related thereto, including the negligence of any Party, whether such negligence be sole, joint or DEMAND RESPONSE RESOURCE PURCHASE AGREEMENT BETWEEN ALTERNATIVE ENERGY RESOURCES, INC. AND SOUTHERN CALIFORNIA EDISON concurrent, or active or passive. To the extent any damages required to be paid hereunder are liquidated liquidated, the Parties acknowledge that the damages are difficult or impossible to determine, determine or otherwise obtaining an adequate remedy is inconvenient and the damages calculated hereunder constitute a reasonable approximation of the harm or loss. Nothing in this section prevents or is intended to prevent a party from seeking specific performance unless performance is otherwise excused herein.

Limitation of Remedies, Liability and Damages. Except as may otherwise be expressly provided in this Agreement, there is no warranty of merchantability or fitness for a particular purpose, and any and all implied warranties are disclaimed. The Parties confirm that the express remedies and measures of damages provided in this Agreement satisfy the essential purposes hereof. For breach of any provision for which an express remedy or measure of damages is providedprescribed, (i) such express remedy or measure of damages shall be the sole and exclusive remedy, (ii) the obligor’s liability shall be limited as set forth in such provision provision, and (iii) all other remedies or damages at Law law or in equity are waived unless the provision in question provides that the express remedies are in addition to other remedies that may be availablewaived. If no remedy or measure of damages is expressly provided herein, the obligor’s liability for any breach of this Agreement shall be limited to direct actual damages only, such direct actual damages shall be the sole and exclusive remedy remedy, and all other remedies or damages at Law law or in equity are waived unless expressly herein providedwaived. Neither Except for Claims for indemnification for third party Claims under Section 9.1, each to which the provisions of this Section 9.2 shall not apply, neither Party shall be liable to the other Party or its Affiliates for consequential, incidental, punitive, exemplary exemplary, or indirect damages, lost profits or other business interruption damages, by statute, in tort or contract, under any indemnity provision (other than in Sections 15.1 through 15.6) or otherwise except to the extent part of an express remedy or measure of damages hereinotherwise. Unless expressly herein provided, and subject to the provisions of Sections 15.1 through 15.6 (indemnities), it It is the intent of the Parties that the limitations herein imposed on remedies and the measure of damages be without regard to the cause or causes related thereto, including the negligence of any Partyparty, whether such negligence be sole, joint or concurrent, or active or passive. To the extent any damages required to be paid hereunder are liquidated liquidated, the Parties acknowledge that the damages are difficult or impossible to determine, or otherwise obtaining an adequate remedy is inconvenient inconvenient, and the liquidated damages calculated hereunder constitute a reasonable approximation of the harm or loss.

Limitation of Remedies, Liability and Damages. Except as may otherwise be expressly provided in this Agreement, there There is no warranty of merchantability or fitness for a particular purposepurpose with respect to any product, and any and all implied warranties are disclaimed. The Parties confirm that the express remedies and measures measure of damages provided in this Agreement satisfy the essential purposes hereof. For Unless expressly provided otherwise in this Agreement, for breach of any provision for which an express remedy or measure of damages is provided, such express remedy or measure of damages shall be the sole and exclusive remedy, the obligor’s liability shall be limited as set forth in such provision and all other remedies or damages at Law law or in equity (other than injunctive relief as provided in this Agreement) are waived unless the provision in question provides that the express remedies are in addition to other remedies that may be availablewaived. If no remedy or measure of damages is expressly provided herein, the obligor’s liability shall be limited to direct actual damages only, such direct actual damages shall to be the sole and exclusive remedy and all other remedies or damages at Law law or in equity (other than in injunctive relief as provided in this agreement) are waived unless expressly herein providedwaived. Neither Notwithstanding anything to the contrary in this Agreement, neither Party shall be liable to the other Party for consequentialany indirect, special, exemplary, incidental, punitive, exemplary or indirect damageslost profits, lost profits or other business interruption damagesor consequential damages whatsoever under any theory, including by statute, in contract, tort (including negligence) or contractstrict liability, under any indemnity provision (other than set forth in Sections 15.1 through 15.6) this Agreement or otherwise except to the extent part otherwise, resulting from a Party’s performance or nonperformance of an express remedy its obligations under or measure termination of damages hereinthis Agreement. Unless expressly herein provided, and subject to the provisions of Sections 15.1 through 15.6 (indemnities), it is the intent of the The Parties intend that the limitations herein imposed on remedies and the measure of damages be without regard to the cause or causes related thereto, including the negligence of any Party, whether such negligence be sole, joint or concurrent, or active or passive. To the extent any damages required to be paid hereunder are liquidated liquidated, the Parties acknowledge that the damages are difficult or impossible to determine, determine or otherwise obtaining an adequate remedy is inconvenient and the damages calculated hereunder constitute a reasonable approximation of the harm or loss. Nothing in this section prevents or is intended to prevent a party from seeking specific performance unless performance is otherwise excused herein.

Limitation of Remedies, Liability and Damages. 13.1 Limitations on Liability Except as may otherwise be expressly provided set forth in this Agreement, there is no warranty of merchantability or fitness for a particular purpose, and any and all implied warranties are disclaimed. The Parties confirm that the express remedies and measures of damages Damages provided in this Agreement satisfy the essential purposes hereof. For breach of any provision for which an express remedy or measure of damages Damages is provided, such express remedy or measure of damages Damages shall be the sole and exclusive remedy, the obligor’s 's liability shall be limited as set forth in such provision and all other remedies or damages Damages at Law law or in equity are waived unless the provision in question provides that the express remedies are in addition to other remedies that may be availablewaived. If no remedy or measure of damages Damages is expressly provided herein, the obligor’s 's liability shall be limited to direct actual damages Damages only, such direct actual damages Damages shall be the sole and exclusive remedy and all other remedies or damages Damages at Law law or in equity are waived unless waived. Unless expressly herein provided. Neither , neither Party shall be liable for consequential, incidental, punitive, exemplary or indirect damagesDamages, lost profits or other business interruption damagesDamages, by statute, in tort or contract, under any indemnity provision (other than in Sections 15.1 through 15.6) or otherwise except to the extent part of an express remedy or measure of damages hereinotherwise. Unless expressly herein provided, and subject to the provisions of Sections 15.1 through 15.6 (indemnities), it It is the intent of the Parties that the limitations herein imposed on remedies and the measure of damages Damages be without regard to the cause or causes related thereto, including the negligence of or any Party, whether such negligence be by sole, joint or concurrent, or active or passive. To the extent any damages Damages required to be paid hereunder are liquidated liquidated, the Parties acknowledge that the damages Damages are difficult or impossible to determine, or otherwise obtaining an adequate remedy is inconvenient and the damages Damages calculated hereunder constitute a reasonable approximation of the harm or loss.